THE NIGERIA INSTITUTE OF ARCHITECTCODE OF PROFESSIONAL CONDUCT

AND ETHICSA

TERM PAPER ON THE COURSE ARC 807COMPILED, WRITTEN AND SUBMITTED

BY

ADEBISI ILELABAYO I.ARC/07/0922

&NKWUKA NNAMDI A.

ARC/07/0974

TOTHE DEPARTMENT OF ARCHITECTURE,

FEDERAL UNIVERSITY OF TECHNOLOGY,AKURE, ONDO STATE, NIGERIA.

IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF MASTER OF TECHNOLOGY (M-TECH) DEGREE IN ARCHITECTURE.

COURSE LECTURERProf. O.O OGUNSOTE JUNE, 2013.

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TABLE OF CONTENT

TITTLE PAGE.........................................................................................................................1

TABLE OF CONTENT...........................................................................................................2

ABSTRACT..............................................................................................................................4

CHAPTER ONE1.0 INTRODUCTION........................................................................................................5

1.1 AIMS AND OBJECTIVES OF NIA.................................................................5

1.2 ROLES OF THE NIGERIA INSTITUTE OF ARCHITECTS (NIA)...............5

CHAPTER TWO

2.0 NIGERIAN INSTITUTE OF ARCHITECTS (NIA) CODE OF

PROFESSIONAL CONDUCT AND ETHICS..........................................................7

2.1 OBJECTIVE OF THE CODE............................................................................8

2.2 DEFINITIONS OF TERMS...............................................................................9

2.3 AMENDMENTS..............................................................................................10

CHAPTER THREE

3.0 EXCERPTS FROM THE NIA CODE OF PROFESSIONAL CONDUCT AND

ETHICS.......................................................................................................................11

3.1 PRINCIPLE 1: PROFESSIONAL INTEGRITY......................................11

3.1.1 Honesty, Integrity, Faithfulness, Impartiality and Responsibility........11

3.1.2 Conflict of Interest...............................................................................12

3.1.3 Bribery. ................................................................................................12

3.1.4 Confidentiality. ....................................................................................13

3.1.5 Client’s Account. .................................................................................13

3.2 PRINCIPLE 2: PROFESSIONAL COMPETENCE..................................13

3.2.1 Proficiency, Knowledge and Care........................................................13

3.2.2 Adequacy of Resources........................................................................13

3.2.3 Clarity of Terms, Scope and Responsibilities......................................13

3.2.4 Progress Reporting...............................................................................14

3.2.5 Adherence to Time, Cost and Quality..................................................14

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3.2.6 Quality of Partners/Directors and Staff................................................14

3.3 PRINCIPLE 3: GENERAL ETHICS AND OBLIGATIONS...................14

3.3.1 General Obligations. ............................................................................14

3.3.2 Obligation to the Profession and the Institute......................................14

3.3.3 Obligation to Public. ...........................................................................15

3.3.4 Obligation to Colleagues and Other Professionals...............................15

3.3.5 Obligations to the Environment...........................................................17

3.3.6 Oaths of the Institute............................................................................17

3.4 GUIDANCE NOTES.....................................................................................17

3.4.1 Advertisement......................................................................................17

3.4.2 Letter heads..........................................................................................18

CHAPTER FOUR

4.0 CONCLUSIONS AND RECOMMENDATIONS...................................................19

REFERENCES.......................................................................................................................20

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ABSTRACT

NIA is an acronym for the Nigeria Institute of Architects, established on the 1 st of April, 1960

in Lagos, Nigeria. Its main aim amidst other objectives is to ensure welfares, strengthening of

bonds of friendship and promoting strong cooperation between and among members and to

promote and protect the practice of Architecture in Nigeria. The Architects code of

professional conduct and ethics is a set of codes governing members of the Nigerian Institute

of Architects in addition to the Constitution, Bye-laws and general laws of the land, the

objective of the code is to state the guidelines for the conduct of members in the fulfilment of

their obligations. The Code is arranged in Principles, Rules and Guidance Notes. The

Principles are principles of universal application. The Rules are specific mandatory

injunctions, breach of which can lead to disciplinary action by the Institute. The Guidance

Notes explain or amplify particular applications of a Principle or Rule.

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CHAPTER ONE

1.0 INTRODUCTION.The Nigeria Institute of Architects (NIA) is an association of professional Architects,

founded in Lagos on the 1st of April, 1960 with barely 13 members (Taiwo, 2010). The

association has over the years witnessed a tremendous growth in its membership, activities

and stature and influence at both National and International levels.

1.1 AIMS AND OBJECTIVES OF NIA.

Among the aims and objectives of NIA include:

i. Ensuring the Welfare of Members.

ii. Strengthening the bond of friendship as well as intellectual, cultural, artistic,

educational and scientific ties between the Architects of all countries, schools and

philosophies.

iii. Promoting cooperation and contact between the national and international

institutions, societies and association of Architects.

iv. Good representation of the profession at both National and International levels.

v. Development and maintaining of public confidence in the ability and integrity of

Architects through the enforcement of the codes and ethics of the profession

vi. Assisting in providing and monitoring the level of practical training and

experience required for the practice of Architecture in Nigeria.

vii. Promoting and encouraging the development of Architectural education and

research in all its ramifications.

viii. Educating the public about the dynamic roles of the Architect in the built

environment.

ix. Encouraging cooperation among Architects and other allied profession in the built

environment

x. Encouraging active participation of architectural students in relevant activities of

the Institute.

1.2 ROLES OF THE NIGERIA INSTITUTE OF ARCHITECTS (NIA).

Few among the numerous roles of NIA include:

i. Organisation of Annual General Meeting (AGM)

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ii. Organisation of Bi-annual conference, Archibuilt etc.

iii. Conduction of professional competence examinations, competitions and

accreditation exercises in schools of Architecture.

iv. Partaking in the final examinations for final year students in Architecture

v. Recommendation of members for appointments, arbitration etc.

vi. Admission of members into the association.

vii. Regulating the general practice of Architecture

viii. Partaking in other national and international issues of interest to the profession.

ix. Publication of texts and journals.

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CHAPTER TWO

2.0 NIGERIAN INSTITUTE OF ARCHITECTS (NIA) CODE OF

PROFESSIONAL CONDUCT AND ETHICS.

Members of the Nigerian Institute of Architects are governed by its Constitution, Bye-laws

and the Code of Professional Conduct and ethics in addition to the general laws of the land.

The NIA code of professional conduct and ethics is a system of moral principles governing

the appropriate conduct of Architects. It setup rules on how Architects should behave in the

society and also regulates the management and execution of their official work and duties.

This is to promote the standard of self discipline required of all categories of members in the

interest of the public.

The code is arranged in four categories i.e. three principles and a guidance note.

1. PRINCIPLE 1 is tagged “PROFESSIONAL INTEGRITY”, this part has five

clauses, advocating the integrity of the Architects in the course of discharging his

professional services to the society, bearing in mind the following.

i. The need to live above board and avoid actions unbecoming of Architects at all

times

ii. Display of openness and sincerity with his client especially on issues that might

conflict with the discharge of his obligations

iii. Being upright, free and fair in the offer of services

iv. The need to avoid giving or accepting of gifts or commission as an inducement to

getting jobs

v. Architects courtesy, with regards to the profession, client and other allied

profession.

2. PRINCIPLE 2 is tagged “PROFESSIONAL COMPETENCE”, this has six

clauses, stressing the need of members to exercise a high level of professional

competence in the discharge of their duties to the society, bearing in mind the

following:

i. The need to exercise a high level of skill, knowledge and care in the discharge of their

duties.

ii. The need to provide themselves with necessary resources which will realistically

appraise their eligibility and capability to undertake and achieve any proposed work.

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iii. The need to spell out clearly and put into writing all their terms of commission, scope

and extent of their responsibility.

iv. The need to meet up client’s requirement as per quality and cost and within the

stipulated time.

vi. The need for them to avoid making partners with disqualified and expelled

members of the institute.

3. PRINCIPLE 3 is tagged “GENERAL EHICS AND OBLIGATIONS”, it stresses

the various obligations of Members to the Client, the Institute, the Society and Other

Architects. It implore Members to:

i. Uphold all the provision of the constitution of the Federal Republic of Nigeria and

endeavour to conserve the nation’s natural resources and cultural heritage.

ii. Be financially up to date in respect of their subscription to the institute and the

profession.

iii. To uphold and comply with the spirit and the letter of the law governing professional

affairs, Building code and Planning regulations in the discharge of their professional

duties and business activities.

iv. To respect the rights and acknowledge the professional aspirations and contributions

of their colleagues.

v. To strive towards sustainable methods in design, development and practice of the

profession.

vi. To adhere to all oaths they swear to as stated in the constitution and bye-laws of the

Institute.

4. GUIDANCE NOTES. This part emphasises the level of permission given members

as regards advertisement i.e. making and responding to, and the use of letter heads.

2.1 OBJECTIVE OF THE CODE.

The objective of the Code is to state the guidelines for the conduct of members in the

fulfilment of their obligations.

Upon contravention of any section of this Code, members are liable to reprimand, enlistment

in the Black Book, suspension expulsion or any other sanction in accordance with the

Constitution and Bye-Laws of the NIA.

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For the purpose of the application of its Constitution and Bye Laws and this Code, the

Nigerian Institute of Architects may hold members acting through a body corporate or

unincorporated responsible for the act of that body.

2.2 DEFINITIONS OF TERMS

Throughout this Code the terms:

“NIA” shall mean The Nigerian Institute of Architects.

“Members" shall mean Corporate Members, Fellow Members, Full

Members, Associate Members, Graduate Members and

Student Members of the Nigerian Institute of Architects.

“Client" shall mean the person or body corporate or

unincorporated with whom the member makes an

agreement or contract for the provision of services or

the performance of works and/or the supply of goods.

“Contractor” shall mean members or non-members who undertakes

the performance of works and/.or supply of goods.

“The Code” shall mean this Code of Professional Conduct and

ethics, and whatever amendments made by the Council

and published in the NIA Newsletter.

“The Council” shall mean the Council of the Nigerian Institute of

Architect.

“The Institute” shall mean The Nigerian Institute of Architects.

“Body corporate or unincorporated” shall include a federal ‘State or local

government department, a local authority, public board

or corporations or any society, firm or company.

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2.3 AMENDMENTS

Further Rules or Sub-Rules may be made and published by the Council from time to time in

the NIA Newsletter, before their incorporation into a revised edition of the Code. Members

are expected to be familiar with new provisions from the date of their publication.

The Code may be amended by the executive council of the Nigerian Institute of Architects

under the same procedures as are necessary to amend the Institute’s Bye-laws as provided for

in Article 24 of the Constitution and Bye-Laws. The Code may also be amended by the NIA

Council upon a two-thirds vote of the entire Council.

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CHAPTER THREE

3.0 EXCERPTS FROM THE NIA CODE OF PROFESSIONAL CONDUCT AND

ETHICS.

3.1 PRINCIPLE 1: PROFESSIONAL INTEGRITY

3.1.1 Honesty, Integrity, Faithfulness, Impartiality and Responsibility.

Members shall be honest in all their dealings, act with impartiality and responsibility

and uphold the credibility and dignity of the profession at all times in their

professional and business activities.

3.1.1.1Members shall not make misleading, false or deceptive claims or

statement about their professional qualifications and experience which

are capable of implying or taking credit for work(s) which they did not

do or participate in.

3.1.1.2 Members shall not sign or seal drawings, specifications, reports or

other professional work(s) for which they do not have responsible

control or a degree of knowledge and supervision sufficient for a

professional standard of care for such work(s).

3.1.1.3 Members shall not sign or seal drawings, specifications, reports or

other professional work(s) bearing Pseudonyms in which they are not a

principal or partner or director or which are unregistered with NIA and

ARCON or work(s) they have not directly reviewed and coordinated

its preparation or work(s) they do not intend to take responsibility for

its adequacy or otherwise.

3.1.1.4 Members shall not deliberately or carelessly mislead clients about the

result that can be achieved through the use of the members’ services by

means that may be tantamount to the violation of any subsisting law

and/or code of practice.

3.1.1.5 Members shall not collude, conspire with or assist a client in conduct

that the architect knows or reasonably should know is fraudulent, or

illegal or unethical.

3.1.1.6 Members shall act impartially in all cases in which they are acting

between client, contractor and any other parties. They must interpret

the conditions of a contract with entire fairness and firmness and

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diligently carry out the services outlined therein.

3.1.1.7 Members are at liberty to engage in any activity, whether as Proprietor,

Director, Principal, Partner, Manager, Superintendent, Controller or

Salaried Employee of, or consultant to, anybody, corporate or

unincorporated or in any other capacity provided that their conduct

complies with the provisions of this code..

3.1.1.8 A member who is convicted for abuse of office, dishonesty,

misappropriation or general misconduct by any court of law or indicted

by a Judicial Commissions of Inquiry or Tribunal (whose decision has

not been altered by a higher court through the process of appeal) in

carrying out his duties shall be deemed to have contravened these Code

of Conduct and Ethics.

3.1.2 Conflict of Interest.

Members shall not allow themselves to be improperly influenced either by their own

or other’s self interest.

Members must declare to any prospective client any relevant business interests as they

arise, which if not so declared, could raise doubts about their integrity.

3.1.2.1 Members who risk a breach of professional integrity shall, as the

circumstances may require, either withdraw from the situation or

remove the source of conflict or declare it and obtain the agreement of

the parties concerned to the continuance of their engagement.

3.1.2.2 Members providing contracting services shall inform the client of his

right to appoint another member to act as his agent and professional

adviser project control (time, quality and budget).

3.1.3 Bribery.

Members shall not offer or take bribe in connection with their professional and

business activities.

3.1.3.1 Members shall not offer or accept commissions or gifts as an

inducement to show favour to any person or body; nor shall they

recommend or allow their names to be used as recommending any

service or product in advertisements relating to their professional

activities.

3.1.3.2 This Principle does not prevent members who are contractors from

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accepting the trade and cash discounts customarily allowed by

manufacturers or suppliers.

3.1.4 Confidentiality.

Members shall respect the privacy and confidentiality of others.

3.1.5 Client’s Account.

Payments made by client for other services consultants, through members, is client’s

account in trust.

Members therefore shall not thwart, divert, discount or delay remittance (beyond

reasonable banking clearance time frame) to respective beneficiaries.

3.2 PRINCIPLE 2: PROFESSIONAL COMPETENCE

3.2.1 Proficiency, Knowledge and Care.

Members are expected to apply high degree of skill, knowledge and care in all their

works, and must also apply their informed and impartial judgment in reaching any

decision whatever the circumstances are.

3.2.1.1 Members shall continuously improve their knowledge skill and

professional abilities through Continuing Professional Development

Program (CPDP).

3.2.2 Adequacy of Resources.

Members shall realistically appraise their eligibility and capability to undertake and

achieve any proposed work; otherwise they shall not quote for, or accept the work.

3.2.3 Clarity of Terms, Scope and Responsibilities.

Members shall ensure that their terms of commission, the scope and extent of their

responsibilities are clearly spelt and recorded in writing, and shall explain to their

clients the implications of any of the conditions of engagement as minimum standard

and how their fees are to be calculated and charged.

3.2.3.1 The ‘NIA Conditions of Engagement’ is the minimum standard for

engaging in the delivery of professional services and members

proposing or making an agreement shall make use of the ‘NIA

Conditions of Engagement’ to define the terms of the engagement

where applicable.

3.2.3.2 Members shall not sub-commission or sub-let work without the prior

agreement of his client or without defining the changes in the

responsibilities of those concerned.

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3.2.4 Progress Reporting.

Members shall keep their clients informed of the progress of a project and obtain

client’s approval before key decisions are made on the client’s behalf.

3.2.5 Adherence to Time, Cost and Quality.

Members shall use their best endeavours to meet the client’s agreed time, cost and

quality requirements for the project.

3.2.6 Quality of Partners/Directors and Staff.

Members shall not have or take as partner or co-director in their firm any person who

is disqualified for registration by reason of CAP A19 Architects (Registration, etc)

Act, Laws of the Federation of Nigeria, 2004; any person disqualified from

membership of the NIA by reason of expulsion under NIA Constitution and Bye-laws;

any person disqualified for membership of another professional institution by reason

of expulsion under the relevant disciplinary regulations, unless the NIA otherwise

allows.

3.2.6.1 Members shall arrange that the work of their offices and any branch

office in-so-far as it relates to architecture is under the control of an

architect who has no less than Full Membership status of the NIA.

3.3 PRINCIPLE 3: GENERAL ETHICS AND OBLIGATIONS.

3.3.1 General Obligations.

Members shall uphold all the provisions of the Constitution of the Federal Republic of

Nigeria, and endeavour to conserve the nation’s natural resources and cultural

heritage, while striving to improve the environment and the quality of life within it.

3.3.1.1 Members shall not discriminate in their professional activities on the

basis of race, tribe and/or religion.

3.3.1.2 Members shall respect the provisions of the Copyright Act in relation

to designs and works executed by them or by other professionals. The

Copyright in all designs shall remain the property of the architect,

unless otherwise agreed.

3.3.2 Obligation to the Profession and the Institute.

Members shall ensure that they are financially up to date in respect of subscriptions to

the institute and other financial obligation to the Institute and the Profession.

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3.3.3 Obligation to Public.

Members shall uphold and comply with the spirit and letter of the law governing their

professional affairs, Building Code and Planning Regulations in the discharge of their

professional duties and business activities.

3.3.3.1 If, in the course of their services on a project, members become aware

of a decision taken by their employer or client which violates any law

or regulation which will, in the Members’ judgment, materially affect

adversely the safety to the public of the finished project, members

shall:

A. Advise their employer or client against the decision.

B. Refuse to consent to the decision, and

C. Report the decision to the Institute for further action.

3.3.3.2 Members are encouraged to render public interest professional services

including those rendered for the needy, after disaster or in other

emergencies without expecting compensation.

3.3.3.3 Members shall be involved in civic activities as citizens and as

professionals, and shall strive to improve public appreciation and

understanding of architecture and the functions and responsibilities of

architects.

3.3.3.4 A member may make his availability and experience known by means

of direct approaches to individuals and organizations provided that the

information given is in substance and in presentation factual, relevant

and neither misleading nor unfair to others nor otherwise discreditable

to the profession.

3.3.3.5 Members shall not advertise except as described and permitted in the

practice guidance notes.

3.3.4 Obligation to Colleagues and Other Professionals

3.3.4.1 Respect and Recognition to colleagues: Members shall respect the

rights and acknowledge the professional aspirations and contributions

of their colleagues.

A. Members shall neither maliciously nor unfairly seek to damage

another member’s reputation or practice.

B. Members shall not supplant another architect, nor compete with

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another architect by means of a reduction of the scale of fees or by

other inducements.

C. Members, on being approached or instructed to proceed with

professional work upon which another architect was previously

engaged, shall notify the facts to the Institute and to the original

architect and confirm that the original architect had been duly paid

before they proceed to undertake such works. If the project is under

construction, a joint meeting between the architects, the client and

builder shall precede the change of hands.

3.3.4.2 Respect and Recognition to other Professionals: Members shall respect

and recognise the expertise of other professionals and acknowledge

their contributions to their works.

3.3.4.3 Competitions: Architectural competitions shall be conducted with the

approval and under direction of the Nigerian Institute of Architects.

A. Members shall not take part in any competition that is not approved

by the Nigerian Institute of Architects.

B. Members who have been involved in organising or assessing a

competition shall not be subsequently engaged as project architect

for the same project.

3.3.4.4 Tutelage and Professional Development: members shall recognise and

fulfil their obligation to nurture fellow professional as they progress

through all stages of their career, beginning with professional

education in the schools, progressing through tutelage and continuing

throughout their career.

3.3.4.5 Good Employment Practice: members shall provide their associates

and employees with a suitable workable environment, facilitate their

professional development and compensate them fairly as and when

due.

A. Members shall ensure that all members under their employ attend

activities of the institute and attain the minimum attendance

required to maintain their practice licence.

B. Members leaving a firm shall not, without permission of their

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employer or partner , take designs, drawings, data, reports, notes,

or other materials relating to the firm’s work whether or not

performed by the members.

C. Members shall not unreasonably withhold permission from a

departing employee or partner to take copies of designs, drawings,

data, reports notes or other materials relating to work, materials

performed by the employee or partner that are not confidential.

3.3.4.6 Procedures for Disputes and Complaints: All complaints and disputes

between members shall first be referred to the institute for arbitration.

3.3.5 Obligations to the Environment.

Members shall strive towards sustainable methods in design, development and

practice of the profession.

3.3.6 Oaths of the Institute

Members shall ensure adherence to the oaths of membership, fellowship or office or

any other Oaths that they may swear to as stated in the Constitution and Bye-laws of

the Institute.

3.4 GUIDANCE NOTES.

3.4.1 ADVERTISEMENT:

A member is permitted to:

(a) Send to architectural media principles and scripts about his own work or about

architectural topics of general interest, and to allow his work to be displayed in

exhibitions;

(b) Exhibit his name outside his office and on buildings in the course of construction,

alteration or extension, provided that such exhibition of his name is done

unostentatiously and complies with the specifications for lettering:-

- 150mm x 4S0mm for office name plate

- 100mm maximum height for individual letters on signboards;

(c) Exhibit the NIA logo on the prescribe form on site sign boards;

(d) Sign buildings for which he has completed the normal services as described in the

Conditions of Engagement or the Basic Services as described in the architects'

Agreement provided that the signing is done unostentatiously and such lettering shall

not exceed 50mm in height;

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(e) Allow his name and professional affix to appear on the letter heads and literature

of his client or employer as consultant or staff architect;

(f) Respond to an advertisement addressed to architects by a prospective client,

overseas or at home who wishes to hear from architects willing and able to undertake

a particular project, but shall not pay any registration fees unless he is acting as a

contractor;

(g) Apply or advertise for salaried employment;

(h) Advertise for staff and the advertisement may include details of salaries and other

rewards offered, qualifications and experience required and indications of the type of

work available provided that:

- The name of the firm and member may only be shown if such advertisement is in an

architectural publication;

- No illustrations are used;

- The advertisement contains no comparatives or superlatives.

(i) Notify a new or change of address, formation of or changes in firms or partnerships

by post to his correspondents by advertisement in classified form simultaneously in an

architectural publication.

(j) Pay for an entry in any business or purely architectural directory;

(k) A member's name and firm shall only appear in advertising notices for collecting

of contract documents -information by prospective tenderers. In this case, the name

can only appear in an unostentatious manner.

3.4.2 LETTER HEADS:

(a) Any member who operates an independent consultancy firm with a pseudonym

shall ensure that names and qualifications of the partners appear on the company's

letterheads and documents. All Company Letter heads shall carry the NIA Logo.

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CHAPTER FOUR

4.0 CONCLUSIONS AND RECOMMENDATIONS

In conclusion, The Architects code of professional conduct and ethics is the rule governing

the conduct of members of the Nigerian Institute of Architects, it ensures their uprightness in

the discharge of their duties and also regulates the management and execution of their official

work. This is to promote the standard of self discipline required of all categories of members

in the interest of the public.

It is recommended that there should be improvement in the enforcement of the code so as to

afford members to adhere strictly to the provisions of the code.

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REFERENCES

NIA (2004). Nigeria Institute of Architects Code of Professional Conduct and Ethics.

Nigeria.

Taiwo E.A. (2010). Building Law, Contracts and Administration. Oyweck Publisher,

Osogbo.

Online References:

www.google.com

www.sdgnet.com

www.archnetng.com

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